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Amendments to the Australian Citizenship Regulations 2007 – Special residence requirement

21 September 2009 Legislation Change

Client summary

From 21 September 2009, the Australian Citizenship Regulations 2007 (the Regulations) are amended to make consequential amendments in relation to amendments to the Act made by Schedule 2 to the Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Act 2009 (the Amending Act).

In particular, the proposed Regulations would provide for a fee exemption or reduction for certain applicants who have previously sought to satisfy a residence requirement including the new special residence requirement under sections 22A and 22B of the Act and the renamed general residence requirement under section 22 the Act.

Affected legislation

The following provisions of Schedule 3 to the Regulations are amended:

  • item 7, second column, subparagraph 7(c)(iii);
  • item 7A, second column, subparagraph 7A(d)(ii);
  • item 15A, second column, subparagraph 15A(d)(iii); and
  • item 15B, second column, subparagraph 15B(d)(iii).

The following provisions of Schedule 3 to the Regulations are inserted:

  • item 7, second column, subparagraph 7(c)(iv) and (v)
  • item 7A, second column, subparagraph 7A(d)(iii) and (iv);
  • item 15A, second column, subparagraph 15A(d)(iv) and (v); and
  • item 15B, second column, subparagraph 15B(d)(iv) and (v).

Transitional provisions

The Regulations are taken to commence on 21 September 2009. This is the date on which Schedule 2 to the Amending Act commenced.

The amendments apply in relation to an application made under the Act on or after the day on which these Regulations commence.

Forms

1300T and 1290.

Instructions

PAM3: ACIs will be amended to reflect these changes by 9 November 2009.